A call to end unfair races

Published 12:00 am, Friday, February 18, 2011

ALBANY -- Following though with a campaign pledge, but potentially triggering a battle with the Legislature, Gov. Andrew Cuomo offered a bill Thursday to reform the partisan practice of gerrymandering, or letting lawmakers draw legislative districts that work to their advantage.

Cuomo's Redistricting Reform Act of 2011 would set up a system that aims to appoint what it describes as a non-partisan commission to perform the once-in-a-decade task of redrawing legislative boundaries that conform to population changes outlined in the U.S. Census.

Relying on a system that appears to give almost equal power to Democrats and Republicans, Cuomo's plan could help end the tradition by which the party that controls a given legislative chamber draws boundaries in its favor.

In the past, Democrats who control the Assembly have drawn districts that favor them, while Republican in charge of the Senate have done the same. The new 11-person Independent Redistricting Commission as envisioned by Cuomo would draw up legislative as well as congressional districts.

The plan conforms to the concept laid out by former New York City Mayor Ed Koch through his New York Uprising group. Cuomo and a majority of lawmakers last fall pledged to support Koch's call for non-partisan redistricting.

More Information

Safe seats at risk

Redistricting could potentially change the boundaries of all legislative and congressional districts in New York. There are now 62 Senate districts and 150 Assembly districts. There are 29 congressional districts but that is expected to fall to 27 in 2012 due to upstate population losses.

For more go to Capital Confidential at http://blog.timesunion.com/capitol/

Source: Governors office

"This legislation would replace the current 'incumbent protection program' and partisan gerrymandering with a system based on independence, sound criteria, and greater citizen involvement. I urge the Legislature to move quickly and pass this long overdue reform," Koch said.

If lawmakers don't pass his plan, Cuomo said he would veto any scheme they came up with that smacked of the old gerrymandering system.

A veto, if not overridden, could then put redistricting in the hands of the courts.

So lawmakers would have to decide if they want to cede their gerrymandering power or gamble on what is viewed as an unlikely chance at an override. Once in the court's hands, lawmakers would presumably have even less say over the process.

"It's a big gamble," said Blair Horner, legislative director at NYPIRG which supports the Cuomo plan.

Reaction by lawmakers was predictable, depending on whether their party is in the majority or minority.

Senate Democrats who are in a 30-32 vote minority, hailed the non-partisan plan, even though they bottled up a similar proposal when they were in power last year.

"Governor Cuomo has introduced legislation that keeps his commitment to reform, and I am calling on the Senate to do the same by immediately passing his legislation when we return to Albany," said John Sampson, the Senate Democratic minority leader.

Republicans, who this year regained a majority and would normally control the process, were cool to the idea. GOP Majority Leader Dean Skelos in a statement said their first priority was completing the state budget by April 1.

"A number of proposals have been advanced and we have to take a close look at what makes the most sense to ensure a fair, open and truly nonpartisan process," Skelos said.

"Our focus right now must be on getting a fiscally responsible budget enacted by April 1st, which is just 43 days away," he added.

Assembly Speaker Sheldon Silver said his conference is looking at the measure, which was introduced in the lower house.

"We are reviewing the governor's program bill and remain committed to working with the governor and our colleagues in the Senate to reform redistricting in time for the upcoming redistricting process," Silver spokeswoman Sisa Moyo said.

Assembly Republicans were more positive although they had concerns too.

He said he wasn't sold on a part of the bill that would reduce from 5 to 1 percent the "swing'' or variance that each legislative district can have in terms of average population.

Legislative districts can contain 5 percent more or fewer than the average number of residents. By placing the fewest number of people possible in districts, the political party in power can control more districts (The new districts are expected to contain an average of about 125,500 and 306,000 people in each Assembly and Senate district). Statewide, Democrats enjoy more than 5-3 enrollment edge over Republicans.

Cuomo's bill was introduced almost a month before the 2011-12 budget is due April 1, and some asked why.

He could risk angering Senate Republicans, who have stood with him on some controversial budget-cutting and tax-capping plans.

Setting up a new redistricting commission is a big job and planning for the task needs to begin soon if the lines are to be redrawn in time for the 2012 elections, Horner said.

Moreover, Cuomo is currently enjoying high public approval ratings -- a recent Siena poll had him at 72 percent. That could change as the budget battles moves forward, given the $10 billion deficit that must be balanced.

"I'm sure he feels confident, and emboldened," by recent polls, said Kyle Kotary, a former Senate staffer and political consultant.

Redistricting and the gerrymandering that goes with it has long been a source of criticism. Observers say it allows politicians to choose their voters by creating districts in which party enrollment and other demographics such as race or income favors a particular candidate.

Redistricting is also a high stakes exercise, especially in New York which, due to a shrinking upstate, will likely lose 2 of its 29 congressional seats next year.

In the Legislature, the population shift from upstate to the greater New York City area will also likely change the shape and boundaries of some districts there.

Key components of reform plan

Here are some of the key components of Gov. Andrew Cuomo's plan to reform and de-politicize the once-a-decade redistricting process.

Replaces the existing Legislative Task Force on Demographic Research and Reapportionment (LATFOR) with an Independent Redistricting Commission.

The governor would appoint 4 members to the Nominations Committee and each conference leader would appoint one. This may be controversial as it gives the governor an edge in the early stages of the process.

Excluded from the Nominations Committee are those who in the past four years have served in the legislature or Congress, as party officials, lobbyists, or employees of the Legislature or Governors office.

The Nominations Committee develops a list of 40 nominees -- 15 Democrats, 15 Republicans and 10 who are neither. The pool must reflect the state's racial, ethnic and gender diversity.

From the list of 40, each legislative leader would appoint two members for a total of eight to the Redistricting Commission. The eight would then appoint three including two co-chairs. The Commission would hold hearings and present a redistricting plan to the Legislature.

Redistricting could potentially change the boundaries of all legislative and congressional districts in New York. There are now 62 Senate districts and 150 Assembly districts. There are 29 congressional districts but that is expected to fall to 27 in 2012 due to upstate population losses.